Brands, Trademarks and Logos

A common question is what is the difference between a trademark and copyright? Is my logo trademarkable or copyrightable? If you want to protect your brand’s logo, it’s important to understand the difference.

Firstly, a logo is subject to copyright if it is more than just text – if it contains some graphical/artistic elements, something that has been designed. The logo will be copyrighted as an artistic work, and will be subject to copyright law. A trademark, by comparison, is symbol, word, or words legally registered or established by use as representing a company or product. Legally, the Trade Marks Act 1994 governs what is and is not a trademark, and it states that a trademark is:

  • “any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.”In essence, what this means is that trademarks exist for commercial purposes, whilst copyrights apply to other purposes too.

How do I get a trademark in the UK?

  • You need to contact the UKIPO (UK Intellectual Property Office), and submit an application to them.

Why should I get Sterling Law to help me?

  • Unsurprisingly, trademark law can be difficult to navigate. Even large corporations sometimes fail to successfully register their trademarks. Harley-Davidson attempted to trademark the distinct sound of their motorcycles, but their request was denied, as was Twitter’s attempt to trademark the word “tweet”, and Subway’s attempt to trademark “footlong”.
  • Sterling Law can provide important time-saving help at the first step, telling if you if your trademark aim is viable or not, and explaining what adjustments should be made if needed.
  • We will provide crucial help in filing the application, making the best case to the UKIPO for why, during their review process, they should accept the trademark request.
CONSULTATION
Why Sterling Law

We value your time. After the consultation, we will let you know what the next steps are. We will request the documents we need, and only call you when necessary. We are proactive, will update you on your case as soon as we have any news so that you don’t need to call, meaning you can rest assured that no actions are needed from your side.

We haven’t forgotten about you, but we believe you’d rather spend time doing something that really matters than on the phone with a lawyer.

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IP law in the UK has a component which we are all familiar with: copyright law. Currently, copyright law in the UK mostly stems from the Copyrights, Designs, and Patents Act 1998 – and it’s crucial for you, whether you are a musician, writer, artist or an original producer of anything else – that your content is protected.

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IP law has two sides to it: contentious and non-contentious IP. It is important ensure your intellectual property is marked as yours as clearly as possible, and that, in case of infringement – such as someone stealing your graphics, ideas, or branding – you are able to respond quickly and make use of all the resources available that the law provides you with. One of the most effective, and important, ways for you to protect your IP is through patent law, which our team is experienced and capable in.

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    Cases
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    If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024.

    From 1 January 2020, applicants who are granted five years limited leave to remain have also started to receive BRP’s endorsed with an expiry date of 31 December 2024.

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    Excellent news; adult dependent relative appeal allowed by the First-tier Tribunal (Immigration and Asylum Chamber)!

    Our client, an Indian national, came to the UK with her husband lawfully to visit their son and grandchildren, who are British nationals. Sadly, her husband passed away suddenly while they were in the UK. Our client had a history of dementia with Parkinson’s disease along with anxiety and depression, which made her return to India unachievable.

    Daughter-in-law of an EEA national can stay in the UK 12.05.2021

    Our immigration team achieved great success in representing a client in her appeal against the Home Office’s decision to refuse issuance of the Residence Card as an extended family member of an EEA national.
    Our client, a Ukrainian national entered the UK as a Family Permit holder and was residing in the UK as an extended family member of an EEA national (her father-in-law was Portuguese). Our client lived with her husband and son, whose residence in the UK was also dependent on the same EEA national.

    EEA family member: permanent residence application after refusal 23.03.2021

    Our client, a non-EEA national, initially obtained a residence card as the spouse of an EEA national. Our client subsequently divorced from his EEA national spouse and obtained a residence card under the Retained Rights route. The client then applied for permanent residence, which was refused and a subsequent appeal was dismissed by First-Tier Tribunal as the Judge wrongly thought the client needed to be a qualified person, not his EEA national spouse during the time their marriage lasted. Permission to appeal on this basis was granted.